Health Star Rating Calculator Terms and Conditions

1. click the “I do not accept the terms and conditions of this Licence Agreement” button;
2. close the Calculator; and
3. refrain from using the Calculator and Calculator IPR.

1. have read and fully understood the terms and conditions of this Licence Agreement;
2. have agreed to be bound by the terms and conditions of this Licence Agreement; and
3. have understood that this Licence Agreement is a legal agreement between You and the Licensor, and can be enforced accordingly.

Calculator means the Health Star Rating Calculator provided by the Licensor to calculate a health star rating for foodstuffs either separate from, or in combination with, any nutrition and energy icons;

Calculator IPR means all Intellectual Property Rights subsisting in the Calculator, including (but not limited to):

1. the Trade Marks and their goodwill; and
2. the algorithm and files underpinning the Calculator,

but does not include the underlying Microsoft Excel software or any nutrition content information used with, or produced by, the Calculator;

Intellectual Property Rights means copyrights, patents, designs, trade marks (including goodwill), trade secrets, know-how and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields including (but not limited to) the right to apply for registration of such rights;

Licence Agreement means this licence agreement;

Licensor means the Commonwealth of Australia as represented by the Department of Health or such other department or agency having responsibility for this Licence Agreement from time to time;

Research means the systematic investigation into, and study of, materials and sources in order to establish facts, to reach new conclusions and to disseminate knowledge, including (but not limited to):

1. academic study by researchers, staff and students at a tertiary institution;
2. general study by staff and students at a secondary school;
3. publication and dissemination of results in any academic publication, journal, book, newspaper or magazine, whether under a commercial arrangement or otherwise; and/or
4. review and comparative analysis conducted by consumer advocate groups or other health and nutritional groups.

Trade Marks means the registered or unregistered trademarks of the Licensor used to display a health star rating for foodstuffs either separate from, or in combination with, any nutrition and energy icons; and

Website means the website ‘www.healthstarrating.gov.au’ or such other website designated by the Licensor where the Calculator and Calculator IPR are able to be accessed.

1. to access, download and use the Calculator; and
2. to access, download, use and display the Calculator IPR,

for the purposes of :

3. labelling food stuffs that are manufactured, distributed or sold by You in Australia and in New Zealand; and
4. Research in relation to the labelling of food stuffs that are manufactured, distributed or sold in Australia and in New Zealand.

1. You will not challenge or contest the Licensor’s ownership of the Calculator and Calculator IPR;
2. nothing in this Licence Agreement operates to give You any ownership rights in the Calculator and the Calculator IP; and
3. subject to clause 7.3(a), the Licensor has no legal obligation to provide updates or new releases of the Calculator and the Calculator IPR under this Licence Agreement.

1. You must only use the Calculator and Calculator IPR for the purposes permitted by clause 4.1;
2. You have no rights to sub-license the Calculator and Your use of the Calculator is for internal or personal use only;
3. You have a limited right to sub-license the reproduction, printing and display of the Calculator IPR:
   1. on food packaging manufactured, distributed or sold by You; and
   2. subject to clause 5.1(d), in materials when publishing or disseminating the results of the Research;
4. You must acknowledge the Licensor’s ownership of the Calculator IPR by including the following or similar words as part of the published materials (if the Calculator IPR appears in them):

   “Health Star Rating trademarks are owned by the Commonwealth of Australia. Further information on the Health Star Rating can be found at www.healthstarrating.gov.au”;

5. You must not alter or modify the Calculator and the Calculator IPR in any way without first seeking the Licensor’s prior written approval to do so. For the avoidance of doubt, the insertion and displaying of nutritional information in a nutrition or energy icon is an approved alteration;
6. You are not permitted to use the Commonwealth crest at any time;
7. You must use the Calculator and Calculator IPR in accordance with any user guidelines and directions that may be issued by the Licensor from time to time, including (but not limited to) branding guidelines governing Trade Mark use; and
8. You must not use the Calculator in a manner which breaches any laws, infringes a third party’s Intellectual Property Rights or moral rights or is contrary to any relevant standards or codes.

1. use of the Calculator and the Calculator IPR is entirely and solely at Your own risk;
2. the Licensor does not guarantee, represent or warrant that the nutritional content information produced by the Calculator:
   1. will be accurate, correct or free from error; and
   2. if used, will be consistent, and ensure Your compliance, with the relevant requirements of the relevant codes, including (but not limited to) the Australia New Zealand Food Standards Code;
3. the accuracy and reliability of the nutritional content information produced by the Calculator is dependent on, and will be impacted by, the accuracy and reliability of data entered into the Calculator. Before utilising and using the results generated by the Calculator, You should carefully evaluate these results and rely on Your own skill, care and judgment to confirm their accuracy and reliability before using them;
4. any nutritional content information produced by the Calculator should never be relied upon as a substitute for medical advice;
5. the Licensor makes this Calculator and Calculator IPR available on the understanding that You will be solely responsible for ensuring and checking the accuracy and reliability of the nutritional content information produced by the Calculator. In the case of any doubt about accuracy and reliability, You must obtain and follow independent expert advice with respect to the use nutritional content information produced by the Calculator; and
6. the Licensor does not guarantee, represent or warrant that the Calculator and Calculator IPR will be free of infection, viruses, defects, bugs, harmful components or any other codes that may have contaminating or destructive properties.
7. You must not use the Calculator in a manner which breaches any laws, infringes a third party’s Intellectual Property Rights or moral rights or is contrary to any relevant standards or codes.

1. the replacement of the Calculator and Calculator IPR and having the replaced Calculator and Calculator IPR made available to You from the Website; or
2. the payment of the cost of having Calculator and Calculator IPR replaced and made available to You from the Website.

1. the Licensor’s maximum aggregate liability for all claims under or relating to this Licence Agreement or its subject matter, whether in contract, tort (including, but not limited to, negligence), in equity, under statute, under an indemnity or on any other basis, is limited to $100; and
2. in any event, the Licensor is not liable for, and no measure of damages will include under any circumstances:
   1. special, indirect, consequential, incidental or punitive damages; or
   2. economic loss, loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data, whether in an action in contract, tort (including without limitation negligence), product liability, statute, under an indemnity or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.

1. wilful, negligent or unlawful act or omission of this Licence Agreement;
2. breach of this Licence Agreement; or
3. use of the Calculator and Calculator IPR,

by You (including by Your employees, officers and permitted sub-licensees).

1. You breach an obligation under this Licence Agreement and within 14 days (or such longer period as set out in the notice) of receiving a written notice from the Licensor, You fail to rectify that breach;
2. You commit a breach of a term or condition of this Licence Agreement which, in the Licensor’s opinion, is not capable of being rectified;
3. one of Your warranties is, or becomes, untrue;
4. You, being a natural person, die; or
5. You, being a body (incorporated or otherwise), have a receiver, administrator or liquidator appointed or are being wound up.

1. You (including Your employees and officers) are not permitted any further use of, and must immediately cease using, the Calculator; and
2. subject to clause 9.6, You (including Your employees, officers and permitted sub-licensees) are not permitted any further use of, and must immediately cease using, the Calculator IPR.